Ask for a prior authorisation required for a terrace on a public thoroughfare – hotel and catering establishments

You must comply with the following rules when installing a terrace:

• the terrace may only be heated by appliances that evacuate combustion products directly into the air;
• the terrace must be located along the length of the establishment, and may not extend along neighbouring façades;
• there must be a completely unobstructed passage at least 1.5 m wide for pedestrians to pass through;
• the sides of the terrace must not have any dangerous protrusions;
• in the event of force majeure, the components of the terrace must be able to be removed easily, and must not be fixed to the ground;
• the terrace must not obstruct the view of vehicular crossings or roads;
• the applicant must keep the terrace perfectly clean;
• the applicant may not increase the authorised surface area of the terrace at any time, unless the competent authority has issued prior written agreement;
• neither the municipal authority nor the Walloon Region can be held liable for any accidents or damage resulting from the installation of the terrace.

Depending on the municipality, an application to place a terrace or other furniture in a public space must be submitted using a dedicated form and supplemented by the required documents. The way in which the application is processed depends on the type of terrace , whether it is removable or fixed, and whether the desired authorisation is seasonal or annual. For a fixed terrace with a floor and a surface area of more than 50 m², planning permission may be required. In some situations, as the manager, you will need to consult the local police in order to ensure pedestrian and traffic safety. There is also a municipal fee, which is calculated based on the surface area and the duration of use.

You must complete the application form for authorisation to install a terrace, which you can obtain from the municipality. You must also attach the documents requested by the municipality.

The documents to be attached vary depending on both the type of application and the municipality. As a general rule, you will need to attach:

• proof of registration in the commercial register;
• the VAT registration for the business activity carried out;
• proof of registration with the Crossroads Bank for Enterprises;
• an identity document for the operator/manager;
• a descriptive plan of the desired location, including a presentation of the street furniture; and
• a photograph of the location.

Consult the municipal legislation to find out the exact procedure for obtaining this authorisation. Do not hesitate to contact your municipality, as the procedure may differ from one municipality to another.

Please note that you must apply for planning permission in accordance with the Territorial Development Code (CoDT) if the any of the following three situations applies to the proposed terrace:

• the surface area of the terrace is over 50 m²;
• the terrace is in place all year (it is permanent);
• the terrace includes the installation of a floor and/or screen(s) and/or an awning with feet embedded in or anchored to the ground or with a support for stability, and these components are intended to remain in place, even if it is possible to dismantle or move them.

Costs

A fee will be payable to the municipality.

The available payment methods may differ depending on the municipality and may include cash, card, bank transfer, or electronic payment if the municipality has an e-counter.

Timeframe

This procedure must be completed before the terrace is installed on a public thoroughfare. Contact the municipality concerned to find out the exact timeframe.